Amended in Assembly June 2, 2015

Amended in Assembly May 6, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1025

Introduced by Assembly Member Thurmond

February 26, 2015

An act to add and repeal Article begin delete 5.5 (commencing with Section 48280) to Chapter 2 end delete begin insert 3 (commencing with Section 49440) of Chapter 9 end insert of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil health.

LEGISLATIVE COUNSEL’S DIGEST

AB 1025, as amended, Thurmond. Pupil health: multitiered and integrated interventions pilot program.

Existing law establishes a system of public elementary and secondary schools in this state, and provides for the establishment of school districts and other local educational agencies to operate these schools and provide instruction to pupils. Existing law requires the Superintendent of Public Instruction, among his or her other duties, to serve as the chief executive officer of the State Department of Education.

This bill, until January 1, 2020, would require the State Department of Education to establish a 3-year pilot program to encourage inclusive practices that integrate mental health, special education, and school climate interventions following a multitiered framework in school districts that apply to participate, as specified. The bill would require the State Department of Education to select schools where at least 60% of the student body is eligible for a free or reduced-price meal program and whose applications provide an estimate for the amount of funding being requested for startup and evaluation and detail a model approach that targets the behavioral, emotional, and academic needs of pupils with multitiered and integrated mental health, special education, and school climate interventions. The bill, begin delete contingent on end delete begin insert in accordance with end insert the enactment of an appropriation for this purpose, would require the begin delete department end delete begin insert State Department of Education end insert to provide startup and evaluation funding to each school participating in the pilot program, and would require the schools to provide certain information to the State Department of Education in accordance with a comprehensive evaluation plan developed by the State Department of Health Care Services, the Mental Health Services Oversight and Accountability Commission, and the State Department of Education to assess the impact of the pilot program and disseminate best practices. The bill would require the State Department of Education to submit a report to the Legislature evaluating the success of the pilot program at the end of the 3-year period. The bill would require the Mental Health Services Oversight and Accountability Commission to revise its guidelines and regulations regarding prevention and early intervention programs in K-12 schools, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares that pupils
from all backgrounds and circumstances in California deserve
adequate behavioral and academic support to achieve their full
potential. The Legislature further finds and declares all of the
following:

(1) Pupils in California face relational and environmental
stressors that diminish their ability to achieve their full potential.
Among these complex challenges may be poverty, frequent
exposure to violence, placement in the foster care system, and
other negative experiences that result in chronic stress and trauma.
Nearly 700,000 pupils in California receive special education
services, and nearly one-in-four youth are living in poverty. Nearly
60,000 youth are currently placed in foster care, and as many as
20 percent of youth are in need of mental health interventions.

(2) Pupils with these stressors are frequently failed by the current
policies and systems in place, as measured by indicators for
academic outcomes, social inclusion, emotional development,
mental health support, and general pupil well-being.

(A) In California, more than 20 percent of special education
pupils spend less than 40 percent of their day within their regular
classroom, an indicator of inclusion, compared to 14 percent of
special education pupils nationally and a federal target of less than
9 percent.

(B) Only 59 percent of special education pupils graduated from
high school within four years in the 2010-11 fiscal year compared
to 76 percent of all pupils.

(C) Statewide, a recent study found only 58 percent of foster
youth in grade 12 graduated compared to 85 percent of all youth,
with nearly 14 percent of foster youth in grade 12 dropping out of
school.

(D) Far too often, youth with mental health challenges do not
receive the services they need. For instance, one study found that
nearly two-thirds of adolescents who experienced a major
depressive disorder in the last year did not receive treatment.

(E) Even by grade 3, low-income pupils perform substantially
below their higher income peers in areas of social and emotional
skill, social and emotional development, engagement in school,
and physical well-being.

(3) Current funding practices fail to adequately incentivize
schools to invest in front-end preventative measures that would
reduce overall cost of special education.

(4) Delivery of comprehensive community-based support and
resources requires a high level of collaboration among schools,
school districts, and county mental health agencies.

(5) Inclusive multitiered systems of behavioral and academic
supports are essential to providing high-quality, cost-effective
special education programs that benefit all pupils.

(6) The State Department of Education has recently received a
grant from the federal Substance Abuse and Mental Health Services
Administration to develop these special education programs and
has selected the City of Santa Rosa, the City of Garden Grove, and
the County of San Diego for pilot programs.

(7) Similar pilot programs are already established in the City
of Oakland and in the County of San Bernardino.

(8) The programs in the City of Oakland and the County of San
Bernardino are demonstrating that these programs generate savings
that more than offset their costs.

(b) It is the intent of the Legislature that, upon demonstrated
success of the pilot program established pursuant to Section
begin delete 124174.7 of the Health and Safety end delete begin insert 49440 of the Education end insert Code,
the evaluated models can be adopted by a large number of schools
to increase the efficient and effective utilization of available
community resources in order to promote the success of all pupils.

begin delete

SEC. 2.  

Article 5.5 (commencing with Section 48280) is added
to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education
Code, to read:

 

Article 5.5.  Multitiered and Integrated Interventions Pilot
Program

 

48280.  

(a) The department shall establish a three-year pilot
program in accordance with this section to encourage inclusive
practices that integrate mental health, special education, and school
climate interventions following a multitiered framework.

(b) To the extent moneys are appropriated in the annual Budget
Act, the department shall establish the pilot program in three
schools in each of five school districts that apply to participate
through the submission of detailed applications providing estimates
for the amount of funding being requested for startup and
evaluation of the program and specifying their intended models.
The schools selected shall not include schools that received a
federal Substance Abuse and Mental Health Services
Administration “Now is The Time” grant. The department shall
select schools where at least 60 percent of the student body is
eligible for a free or reduced-price meal program and whose
applications detail a model approach that targets the behavioral,
emotional, and academic needs of pupils with multitiered and
integrated mental health, special education, and school climate
interventions. In addition to reflecting the school’s specific culture
and needs, a school’s model shall include all of the following:

(1) Formalized collaboration with local mental health agencies
to provide school-based mental health services that are integrated
within a multitiered system of support.

(2) Leverage of school and community resources to offer
comprehensive multitiered interventions on a sustainable basis.

(3) An initial school climate assessment that includes
information from multiple stakeholders, including school staff,
pupils, and families, that is used to inform the selection of strategies
and interventions that reflect the culture and goals of the school.

(4) A coordination of services team that considers referrals for
services, oversees schoolwide efforts, and utilizes data-informed
processes to identify struggling pupils who require early
interventions.

(5) Whole school strategies that address school climate and
universal pupil well-being, such as positive behavioral interventions
and supports or the Olweus Bullying Prevention Program, as well
as comprehensive professional development opportunities, that
build the capacity of the entire school community to recognize and
respond to the unique social-emotional, behavioral, and academic
needs of pupils.

(6) Targeted interventions for pupils with identified
social-emotional, behavioral, and academic needs, such as
therapeutic group interventions, functional behavioral analysis and
plan development, and targeted skill groups.

(7) Intensive services, such as wraparound, behavioral
intervention, or one-on-one support, that can reduce the need for
a pupil’s referral to special education or placement in more
restrictive, isolated settings.

(8) Specific strategies and practices that ensure parent
engagement with the school and provide parents with access to
resources that support their children’s educational success.

(c) Contingent on the enactment of an appropriation in the
annual Budget Act for the purpose of implementing this section,
the department shall provide startup and evaluation funding to
each school participating in the pilot program in the following
amounts:

(1) Two hundred fifty thousand dollars ($250,000) in year one.

(2) Two hundred thousand dollars ($200,000) in year two.

(3) One hundred fifty thousand dollars ($150,000) in year three.

(d) (1) The State Department of Health Care Services, the
Mental Health Services Oversight and Accountability Commission,
and the department shall develop a comprehensive evaluation plan
to assess the impact of the pilot program and disseminate best
practices.

(2) Outcomes and indicators to be reported pursuant to this
subdivision by schools participating in the pilot program shall
include, but need not be limited to, those already being collected
by schools, as well as designated measures of pupil well-being,
academic achievement, and school engagement and attendance.

(3) (A) The department, in compliance with Section 9795 of
the Government Code, shall submit a report to the Legislature at
the end of the three-year period evaluating the success of the
program and making further recommendations. The department
shall make the report available to the public, and shall post it on
the department’s Internet Web site.

(B) The requirement to submit a report to the Legislature
imposed under subparagraph (A) is inoperative, pursuant to Section
10231.5 of the Government Code, four years after the report is
due.

(e) The Mental Health Services Oversight and Accountability
Commission shall revise its guidelines and regulations for
Prevention and Early Intervention Programs of the Mental Health
Services Act, pursuant to Section 5840 of the Welfare and
Institutions Code, to require that these prevention and early
intervention programs in K-12 schools are designed to support
the implementation or expansion of model programs in accordance
with the criteria set forth in this section.

48281.  

This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that date.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 3 (commencing with Section 49440) is added
to Chapter 9 of Part 27 of Division 4 of Title 2 of the end insert begin insert Education
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3. end insert   Multitiered and Integrated Interventions Pilot
Program

 

begin insert 49440. end insert   

(a) As part of the plan to provide technical assistance
and disseminate statewide resources that encourage and assist
local educational agencies in establishing and aligning schoolwide,
data-driven systems of learning and behavioral supports, the
department shall establish a three-year pilot program in
accordance with this article to encourage inclusive practices that
integrate mental health, special education, and school climate
interventions following a multitiered framework.

(b) In accordance with moneys appropriated in the annual
Budget Act or another statute for the purpose of implementing this
article, the department shall establish the pilot program in three
schools in each of five school districts that apply to participate
through the submission of detailed applications providing estimates
for the amount of funding being requested for startup and
evaluation of the program and specifying their intended models.
The schools selected shall not include schools that received a
federal Substance Abuse and Mental Health Services
Administration’s “Now is The Time” grant. The department shall
select schools where at least 60 percent of the student body is
eligible for a free or reduced-price meal program and whose
applications detail a model approach that targets the behavioral,
emotional, and academic needs of pupils with multitiered and
integrated mental health, special education, and school climate
interventions. In addition to reflecting the school’s specific culture
and needs, a school’s model shall include all of the following:

(1) Formalized collaboration with local mental health agencies
to provide school-based mental health services that are integrated
within a multitiered system of support.

(2) Leverage of school and community resources to offer
comprehensive multitiered interventions on a sustainable basis.

(3) An initial school climate assessment that includes
information from multiple stakeholders, including school staff,
pupils, and families, that is used to inform the selection of
strategies and interventions that reflect the culture and goals of
the school.

(4) A coordination of services team that considers referrals for
services, oversees schoolwide efforts, and uses data-informed
processes to identify struggling pupils who require early
interventions.

(5) Whole school strategies that address school climate and
universal pupil well-being, such as positive behavioral
interventions and supports or the Olweus Bullying Prevention
Program, as well as comprehensive professional development
opportunities, that build the capacity of the entire school
community to recognize and respond to the unique
social-emotional, behavioral, and academic needs of pupils.

(6) Targeted interventions for pupils with identified
social-emotional, behavioral, and academic needs, such as
therapeutic group interventions, functional behavioral analysis
and plan development, and targeted skill groups.

(7) Intensive services, such as wraparound, behavioral
intervention, or one-on-one support, that can reduce the need for
a pupil’s referral to special education or placement in more
restrictive, isolated settings.

(8) Specific strategies and practices that ensure parent
engagement with the school and provide parents with access to
resources that support their children’s educational success.

(c) In accordance with an appropriation in the annual Budget
Act or another statute for the purpose of implementing this article,
the department shall provide startup and evaluation funding to
each school participating in the pilot program in the following
amounts:

(1) Two hundred fifty thousand dollars ($250,000) in year one.

(2) Two hundred thousand dollars ($200,000) in year two.

(3) One hundred fifty thousand dollars ($150,000) in year three.

(d) (1) The State Department of Health Care Services, the
Mental Health Services Oversight and Accountability Commission,
and the department shall develop a comprehensive evaluation plan
to assess the impact of the pilot program and disseminate best
practices.

(2) Outcomes and indicators to be reported pursuant to this
subdivision by schools participating in the pilot program shall
include, but need not be limited to, those already being collected
by schools, as well as designated measures of pupil well-being,
academic achievement, and school engagement and attendance.

(3) (A) The department, in compliance with Section 9795 of
the Government Code, shall submit a report to the Legislature at
the end of the three-year period evaluating the success of the
program and making further recommendations. The department
shall make the report available to the public, and shall post it on
the department’s Internet Web site.

(B) The requirement to submit a report to the Legislature
imposed under subparagraph (A) is inoperative, pursuant to
Section 10231.5 of the Government Code, four years after the
report is due.

(e) The Mental Health Services Oversight and Accountability
Commission shall revise its guidelines and regulations for
Prevention and Early Intervention Programs of the Mental Health
Services Act, pursuant to Section 5840 of the Welfare and
Institutions Code, to require that these prevention and early
intervention programs in K-12 schools are designed to support
the implementation or expansion of model programs in accordance
with the criteria set forth in this section.

begin insert 49441. end insert   

This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2020, deletes or extends that
date.

end insert